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Dani Alves Cleared of Rape Conviction After Appeal

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Posted: 28th March 2025
Lawyer Monthly
Last updated 28th March 2025
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Dani Alves Cleared of Rape Conviction After Appeal.

Former Barcelona and Brazil footballer Dani Alves has been acquitted of rape by the Catalan High Court, following a widely publicized appeal process.

The original conviction, which had resulted in a four-and-a-half-year prison sentence, has now been overturned due to lack of sufficient evidence.

The alleged incident occurred at Sutton nightclub in Barcelona on New Year's Eve in 2022.

Alves was convicted in February 2024, but always maintained the sex was consensual, denying all wrongdoing.

He was released on bail in March 2024, having posted €1 million and surrendering his passports, under a court order to remain in Spain and report weekly.

Dani Alves

Dani Alves


Court Cites Inconsistencies and Insufficient Evidence

In a 101-page ruling, the Appeals Section of the Catalan High Court unanimously agreed to overturn the conviction, stating there were "gaps, inaccuracies, inconsistencies, and contradictions" in the original judgment.

The court emphasized that the presumption of innocence had not been properly surpassed, pointing to video evidence that contradicted the complainant's version of events.

Furthermore, the complainant’s testimony was deemed unreliable, particularly where it conflicted with DNA results and security footage.


Controversy Surrounding Spain's Consent Law

This case has become a focal point in discussions around Spain’s 2022 legal reform known as the “Only Yes Means Yes” law, which redefined sexual assault by making consent central to prosecution. The law emerged after public outcry over previous controversial rulings in sex crime cases.

Despite the new legal framework, the judges in Alves' appeal determined that the complainant’s version did not meet the threshold of objective credibility required for conviction under the revised law.


Alves’ Post-Prison Life and Career

Upon release from prison last year, Alves resumed limited public appearances and was spotted on a football pitch, ordering take-out burgers on his first night of freedom. At the time of his arrest, Alves was playing for Mexican side Pumas, who immediately terminated his contract.

Alves, who has enjoyed a storied football career with Barcelona, Juventus, PSG, and the Brazil national team, had helped win two Copa Americas, an Olympic gold medal, and participated in three World Cups.


What This Means for Alves and the Legal System

Now acquitted, all previous precautionary measures against Dani Alves have been lifted, including the travel ban. The ruling sets a significant precedent in Spain’s evolving legal landscape on sex crimes and the challenges surrounding the application of reformed consent laws.


Fresh Perspective: Legal Complexity and Public Perception

This case underscores the delicate balance between justice and due process, especially under intense public scrutiny.

While Spain’s legal reforms aim to protect victims and prioritize consent, they also highlight the difficulty courts face when evidence is conflicting or when subjective testimony clashes with objective data.

As Dani Alves regains his freedom, the case is expected to spark renewed debate over legal standards, evidentiary thresholds, and the intersection of celebrity, justice, and media influence.


FAQs - People Also Ask

Q: Why was Dani Alves acquitted after being convicted?
A: The appeal court found inconsistencies and a lack of reliable evidence, including contradictions between testimony and video/DNA evidence.

Q: What is Spain's “Only Yes Means Yes” law?
A: It's a 2022 law that defines sexual assault based on the presence or absence of explicit consent.

Q: Can Dani Alves leave Spain now?
A: Yes. With the acquittal, all travel restrictions and court obligations have been lifted.

Q: What team was Dani Alves playing for when he was arrested?
A: He was with Mexican club Pumas, who terminated his contract after his arrest.

Q: Is the case completely closed now?
A: Yes, the appeal court’s ruling has acquitted Alves, and no further legal action is pending.


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